Student Housing Agreement (Germany)
A residential tenancy agreement (Wohnraummietvertrag) tailored for students, covering academic-year or semester terms, a parental guarantor, the statutory deposit and house rules. It reflects that most student lettings are full tenancies under the BGB, not licences.
What's included
- Academic-year / semester term options and fixed-term (Zeitmietvertrag) reason field
- Parental or third-party guarantor (Bürgschaft) co-signer clause
- Statutory deposit up to three months' net cold rent, payable in installments
- Rent, utilities (Nebenkosten) and advance-payment breakdown
- House rules (Hausordnung), conduct and quiet hours
- Vacation-period occupancy and subletting rules
- Joint tenants and shared liability provisions
- Address-registration (Anmeldung) landlord confirmation clause
- Signature block for tenant, guarantor and landlord
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🇩🇪 Local law notes — Germany
German student lettings are governed by residential tenancy law in the Bürgerliches Gesetzbuch (BGB, §§ 535 ff.) and carry strong tenant protection. The deposit (Kaution) is capped at three months' net cold rent (§ 551 BGB), payable in three installments and held in a separate account. Fixed-term contracts (Zeitmietvertrag) are only valid with a stated statutory reason under § 575 BGB; otherwise the tenant enjoys the standard three-month notice right (§ 573c BGB) and the landlord may end the tenancy only for a legitimate interest such as Eigenbedarf. Tenants must complete address registration (Anmeldung) using the landlord's Wohnungsgeberbestätigung.
Inside the document
1. Parties and Premises
This residential tenancy agreement (Wohnraummietvertrag) is made between the Landlord [name/address] and the Student Tenant(s) [name/matriculation number]. The Landlord lets the room/apartment at [full address], including furnishings listed in the attached inventory (Inventarliste), for residential student use only.
2. Term and Fixed-Term Reason
The tenancy runs from [start] for the [academic year / semester], ending [date]. Where a genuine fixed term (Zeitmietvertrag) is agreed, the Landlord states the statutory reason under § 575 BGB in writing; absent a valid reason, the tenancy is treated as open-ended (unbefristet) with statutory protection.
3. Rent, Utilities and Payment
Monthly rent comprises net cold rent (Kaltmiete) of € [ ] plus an advance payment for operating costs (Betriebskosten/Nebenkosten) of € [ ], due by the third working day of each month. Operating costs are reconciled annually under § 556 BGB. In rent-controlled areas the rent must respect the Mietpreisbremse.
4. Deposit (Kaution)
The deposit may not exceed three months' net cold rent (§ 551 BGB) and may be paid in three equal monthly installments. The Landlord holds it in a separate account (Mietkautionskonto) at standard interest, separated from personal assets, and returns it with interest after a reasonable review period at tenancy end.
5. Guarantor / Co-Signer (Bürgschaft)
A parent or third party may sign as guarantor, assuming liability for rent, operating costs and damages up to [capped amount] under a written suretyship (Bürgschaft, §§ 765 ff. BGB). The guarantor's liability is separate from and additional to the deposit and continues for the duration of the tenancy.
6. Joint Tenants and Liability
Where several students sign, they are jointly and severally liable (gesamtschuldnerische Haftung) for the full rent and obligations. A change of a joint tenant requires the Landlord's written consent; incoming tenants assume the outgoing tenant's share by written accession.
7. Use, Conduct and House Rules
The premises are for residential use by the named student(s) only. The Tenant observes the house rules (Hausordnung), statutory quiet hours (Ruhezeiten, typically 22:00–06:00 and Sundays), and treats communal areas and furnishings with care. Commercial use requires the Landlord's consent.
8. Vacation Periods and Subletting
The Tenant may leave the room unoccupied during semester breaks without loss of tenancy, remaining liable for rent. Subletting to a third party during vacations requires the Landlord's prior written consent (§ 540 BGB); a partial sublet may not be unreasonably refused where the Tenant has a legitimate interest (§ 553 BGB).
Frequently Asked Questions
Is a German student let a tenancy or a licence?
Almost always a full residential tenancy (Wohnraummietvertrag) under §§ 535 ff. BGB, giving the student strong tenant protection. Germany does not use the English-style 'licence to occupy'; even a room in the landlord's own home is generally protected tenancy, though such lets have easier landlord termination rules.
How much deposit can a student landlord ask for?
No more than three months' net cold rent (Kaltmiete) under § 551 BGB, and the student is entitled to pay it in three monthly installments. It must be held in a separate interest-bearing deposit account.
Can the landlord fix the contract to one academic year?
Only with a valid statutory reason under § 575 BGB (e.g. planned own use or renovation), stated in writing at signing. Without such a reason a fixed term is void and the tenancy becomes open-ended with the normal three-month tenant notice period.